Opinion
December 27, 2000.
Appeal from Order of Oswego County Family Court, Roman, J. — Terminate Parental Rights.
PRESENT: PINE, J. P., WISNER, HURLBUTT AND KEHOE, JJ.
Order unanimously affirmed without costs.
Memorandum:
Family Court 's findings of permanent neglect are supported by clear and convincing evidence that, despite diligent efforts by petitioner to encourage and strengthen the parent-child relationship, respondent failed to plan for the future of her children for a period of more than one year following the children's placement with petitioner although physically and financially able to do so ( see, Social Services Law § 384-b [a]; Matter of Star Leslie W., 63 N.Y.2d 136, 142-143; Matter of J. Scott P., 244 A.D.2d 906; Matter of Katar F., 231 A.D.2d 844, 844-845, lv denied 89 N.Y.2d 805). "[A]lthough respondent did cooperate with the agency to some degree and made limited progress in other areas, respondent nevertheless failed to address and overcome the primary problem that led to the children's removal in the first instance" ( Matter of Michelle F., 222 A.D.2d 747, 749; see, Matter of Nathaniel T., 67 N.Y.2d 838, 840-842; Matter of Rasyn W., 254 A.D.2d 827; Matter of Cathleen B., 231 A.D.2d 962, appeal dismissed 90 N.Y.2d 840). The fact that respondent presented conflicting evidence to the court does not require a different result. "In a matter which turns almost entirely on assessments of the credibility of the witnesses and particularly on the assessment of the character and temperament of the parent, the findings of the nisi prius court must be accorded the greatest respect" ( Matter of Irene O., 38 N.Y.2d 776, 777; see, Matter of Ariel C., 248 A.D.2d 976, lv denied 92 N.Y.2d 801). Respondent's remaining contentions are not preserved for our review ( see generally, Matter of Lisa T., 247 A.D.2d 882, 882-883; Matter of Jennifer VV., 241 A.D.2d 622, 624; CPLR 5501 [a] [3]; Family Ct Act § 1118) and, in any event, are lacking in merit.